In re Tesla Inc. Securities Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IN RE TESLA, INC. SECURITIES Case No. 18-cv-04865-EMC

LITIGATION.

ORDER RE JOINT DISCOVERY

LETTER Docket No. 226

12 Currently pending before the Court is a discovery dispute. Lead Plaintiff asks the Court to issue a subpoena to the SEC. Lead Plaintiff had been trying to secure certain information from the SEC through a FOIA request but apparently changed course because (1) the administrative process would take up to eighteen months to conclude and (2) the SEC agreed that the FOIA administrative process could, in essence, be bypassed if Plaintiffs could get this Court to issue a subpoena. Defendants oppose the request because the PSLA generally provides for a stay of discovery pending resolution of a motion to dismiss. The PSLRA provides as follows: “In any private action arising under this title, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss, unless the court…